Class Action Claims J. Crew Discriminated Against Blind Customers by Failing to Offer Braille Gift Cards

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A proposed class action lawsuit filed in New York claims J. Crew Group, Inc. discriminated against blind and visually impaired consumers by failing to offer braille gift cards.

According to the complaint, the lack of braille on J. Crew’s store gift cards prevents blind individuals from independently using them and therefore denies visually impaired consumers “full and equal access” to the defendant’s goods and services. The case contends that this alleged practice constitutes discrimination under the Americans with Disabilities Act (ADA) and the human rights laws of New York City and New York State.

Under Title III of the ADA, places of public accommodation, such as the defendant’s stores, are required to provide “appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.” According to the lawsuit, “[b]railled materials and displays” are set forth as specific examples of auxiliary aids in the ADA.

In addition, the ADA mandates that public accommodations take the necessary steps to ensure that individuals with disabilities are not excluded, segregated, denied service or otherwise treated differently than non-disabled consumers, the case claims. The lawsuit contends that J. Crew discriminated against blind patrons by failing to make the “simple changes” required to ensure its gift cards were fully accessible.

The lawsuit looks to represent a putative class covering all legally blind persons in the U.S. who would like independent access to the defendant’s gift cards and have been denied equal enjoyment of J. Crew’s goods and services. The suit seeks an injunction requiring that J. Crew bring its gift cards into compliance with ADA regulations and ensure the cards are accessible to visually impaired customers.